Gender again. Sorry!

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I'm fairly happy with the current law, Classic. I wouldn't object to the government clarifying that 'sex' means biological sex in the Equality Act as it would stop certain parties trying to sow confusion. People demand changes, others object; the law does or doesn't change. That's how it works. It shouldn't change on the demand of activists without thorough and widespread consultation with everyone though.

So I'll ask again, can you provide some analysis of how the rights of women and trans women are in contest in the European Convention Law to which we are bound. Any cases from the ECtHR to seal the deal? Any cases from the ECJ brought on Convention Rights. The truth is that you can't.
I don't need to because individual nations are not compelled to follow ECL. A general and vague directive about everybody having the right to dignity doesn't supercede specific laws in individual nations. And if it was as clear cut as you say, there would be dozens of cases brought under European Convention Law that cover everything from sports to prisons and rape crisis centres.

You can start by withdrawing the repeated nasty slur that I don't care about the rights of women and girls. This is not a slight, it is a character attack, and not warranted.
You've spent a large amount of your time on here insulting me so you really have some cheek asking for an apology for anything. It's not a slur, it's an opinion, as are the many insults you direct at me. Note that I'm not asking for an apology as you are entitled to your opinion.
 

monkers

Legendary Member
I know I said I would wait for Aurora to present her evidence, but that serves only to waste time, since there is none I'll try to clear up the legal argument.

To sum up then, Aurora's argument.
The case of Corbett v Corbett in which Lord Ormrod ruled that for the purposes of marriage, sex shall mean biological sex (to paraphrase).
Further she argued if memory serves that the ruling could be applied more widely - that biological sex is the determining factor.

I argued that the ruling is in the ash can due to the Gender Recognition Act 2004. She denies the truth of this.

However, Lord Ormrod's thinking has been superseded by a ruling at Strasburg. The case was heard by a panel of 17 Judges of the Grand Chamber. The ruling is one that needed UK government / parliament and UK courts to take heed of.

36. In his dissenting judgment, Lord Justice Thorpe considered that the foundations of the judgment in Corbett v. Corbett were no longer secure, taking the view that an approach restricted to biological criteria was no longer permissible in the light of scientific, medical and social change. “[155.] To make the chromosomal factor conclusive, or even dominant, seems to me particularly questionable in the context of marriage. For it is an invisible feature of an individual, incapable of perception or registration other than by scientific test. It makes no contribution to the physiological or psychological self. Indeed in the context of the institution of marriage as it is today it seems to me right as a matter of principle and logic to give predominance to psychological factors just as it seem right to carry out the essential assessment of gender at or shortly before the time of marriage rather than at the time of

From this point on, convention law in relation to the legal sex of trans people on the question of marriage is determined as above.

The way that the law flows is that the Convention Rights are supreme. The UK is obliged to the ECtHR as a 'contracting state' and to set its own sovereign arrangements accordingly. That is to say to be compatible with European Law. Where complaints seeking effective remedy have been exhausted through UK courts - meaning the Supreme Court - then the complainant can ask for leave to bring the complaint at the ECtHR.

Now I will argue that if it was correct for the ruling of Lord Ormrod's biological only ruling to be applied not just to the purpose of marriage but more widely, then it must therefore be correct to use the Rulings of the 17 Judges of the Grand Chamber the same way - though I'm happy to concede the point if it can be shown otherwise.

When parliament passed the Gender Recognition Act 2004, there was a requirement to respect cases emanating from the European Court. And this was done, hence 'for all purposes' etc.

The Equality Act 2010 repealed all previous equality legislation save for the GRA 2004 in order to respect the judgement from the Strasburg court.

Under the provisions of the EqA the 2004 continues and should be legally respected. The protected characteristic therefore can not be held to means that the characteristic of sex can be held to mean strictly biology only. That in fact the other factors weigh heavier in the pan scales of justice. That is not to say that biology can be ignored, it can not - but it can not be an overriding factor. Accordingly the EqA was written to respect the legal opinions of the Strasburg court AND what the UK parliament intended.

On the question of who may use what toilet, I'm not aware of any case being brought before the ECJ or the ECtHR on this point.

On the question of prisons, the legitimate concern is the safety of all; the prisoner, other prisoners, prison officers, civilian workers inside prisons, visitors to the prison etc. Other factors include the rehabilitation of the offender. Risk assessment is the legitimate tool for the process.

On the question of women's refuges, the EqA does make for provision for exclusion in exceptional circumstances. But this must be on a case-by-case basis and justified by careful consideration of benefits and detriments, and an examination of how the service could be managed to provide for all service users.

And before you Aurora come back here with the slurs that I 'don't care for women and girls', please don't. If you feel that the law doesn't provide adequately for women and girls, we can find agreement, but in relating to you what the legal position actually is rather than what you'd like it to be I'm not showing that I don't care for women and girls, which anyway, given my own characteristics and background is plain silly.
 
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icowden

Legendary Member
And before you Aurora come back here with the slurs that I 'don't care for women and girls', please don't. If you feel that the law doesn't provide adequately for women and girls, we can find agreement, but in relating to you what the legal position actually is rather than what you'd like it to be I'm not showing that I don't care for women and girls, which anyway, given my own characteristics and background is plain silly.
So, given what you have posted which is quite straightforward, reasonable and sensible, how do you square that with the treatment of people like JK Rowling who had the temerity to suggest that it might be better to use the word "Women" rather than "people who menstruate".

Or to put it another way, what is it in her essay here, that means she should be silenced?
https://www.jkrowling.com/opinions/...ns-for-speaking-out-on-sex-and-gender-issues/

Alternatively - do you think that there are questions that need to be asked and work that needs to be done to try and de-toxify this whole debate?
 
I'm fairly happy with the current law, Classic. I wouldn't object to the government clarifying that 'sex' means biological sex in the Equality Act as it would stop certain parties trying to sow confusion. People demand changes, others object; the law does or doesn't change. That's how it works. It shouldn't change on the demand of activists without thorough and widespread consultation with everyone though.

I don't need to because individual nations are not compelled to follow ECL. A general and vague directive about everybody having the right to dignity doesn't supercede specific laws in individual nations. And if it was as clear cut as you say, there would be dozens of cases brought under European Convention Law that cover everything from sports to prisons and rape crisis centres.

You've spent a large amount of your time on here insulting me so you really have some cheek asking for an apology for anything. It's not a slur, it's an opinion, as are the many insults you direct at me. Note that I'm not asking for an apology as you are entitled to your opinion.
You say you are happy with the current law, why then do you want to see it changed?
Other than to suit yourself. Which will work in one direction only.

Ireland, which has featured a fair bit in what you've posted, isn't signed up to the Equalities Act 2010. So shouldn't feature in a UK law.
To use a similar argument, there are some countries where a thief when caught will lose their fingers or entire hand. No possibility of getting anything back, if they later find out the wrong person was punished. Do the same here, get it written into law and we'll soon know the thieves. And it should cut the re-offending rate.
 

monkers

Legendary Member
So, given what you have posted which is quite straightforward, reasonable and sensible, how do you square that with the treatment of people like JK Rowling who had the temerity to suggest that it might be better to use the word "Women" rather than "people who menstruate".

Or to put it another way, what is it in her essay here, that means she should be silenced?
https://www.jkrowling.com/opinions/...ns-for-speaking-out-on-sex-and-gender-issues/

Alternatively - do you think that there are questions that need to be asked and work that needs to be done to try and de-toxify this whole debate?

It's correct of you to say that these things should be sorted out, but I'm not the right person, especially now that Rowling has attempted to recruit lesbians into a bun fight. There are absolutists on both sides, so there's not too much chance of negotiation. I'm not taking to the streets with banners or gluing myself to anything etc.

I try to offer clear explanations of the things that I do understand and recuse myself from conversations about what I don't, such as sport.

What people will always get from me is the truth. I'm a stickler for it and expect truth from others. It has become too obvious that an honest debate or discussion in good faith just can't happen otherwise. This thread stands testimony. As I said in my first post, inevitably even the best-intentioned people get worn down by the repeated lies and absolutism.

In my opinion people, I don't just mean trans activists but everyone, should be fact checking what they hear rather than think, 'Oh I love Harry Potter' how dare they criticize Rowling (plenty of that on Twitter). Unfortunately people are just not critical enough of what they read. Rowling is not truthful in her accounts, they are biased, and they intend agitation. She intends to shock and them plays the victim afterwards. She has been writing books under another name which feature trans people as rapists which is to the detriment of trans people. Although she expresses distaste at the acronym TERF, it was instigated by a feminist woman. It then started being played back to them negatively, so then the TERFs started wearing big badges saying 'TERF AND PROUD'. It stands for Trans Exclusionary Radical Feminists.

Well radical feminists are a thing, and back in the days before the Equality Act 2010, I identified as one. Trans exclusion though was never an agenda item for my group. We just argued for equality instead of pretended parity, we wanted equality of opportunity, pay and conditions, plus some extra stuff that would help pregnant women, and their menfolk for that matter. I'm proud of the fact that we largely got that done. But there's no doubt that it is now all going backwards. It started off to cut backs ostensibly in the name of austerity following the banking crisis (gee thanks bankers!) Then there has been the pension stitch up (see Waspi women). But as far as trans people go, the row back is part of deliberately provoked culture war with the rights of the softest targets up for denial - namely asylum seekers / refugee people, and of course trans people. So radical feminists who wish to deny the rights of inclusion of trans people in society - trans exclusionary. Why not, it does what it says on the tin. So yes things didn't get equal enough because of VAT on sanitary products and not enough school budget to supply on need, but then not enough budget to supply school meals either, or books or much else either.

This is the culture war that this government wants, and it probably needs if it is to win the next election. What analysis shows is that people are more inclined to turn out to vote if they feel strongly about something, and more inclined to vote to tackle perceived threats. Hate is seen as a more powerful motivator than love. So demonise the asylum seeker people and pretend to the electorate that they are 'illegal immigrants' when they are not in breach of their convention rights. Demonise Insulate Britain protestors and Rebellion Extinction and Stop Oil as terrorist for protesting a government that has declared a climate emergency but is now engaged in greenwashing and astro-turfing. Ban the right to protest, lock them up, get the media to help in making sure that everyone knows they are all monsters. And of course trans people, by now self-explanatory.

The government want to get rid of human rights. I'm not making it up, it's in previous Tory manifesto pledges. They listen to Tufton Street because Tufton Street are big party donors. A few current & recent cabinet ministers (Raab, Braverman, Truss) co-wrote a book about the evils of human rights. Raab has prepared a Bill that he hoped would get through parliament to repeal the UK Human Rights Act, and Braverman wants to withdraw from the ECtHR and so abandon the UK's commitment to convention rights. This they believe is necessary because British workers are idlers and not earning enough for the billionaire donors that the Tories are in thrall to.

'People who menstruate' and don't forget 'chest-feeding'. The first of these is the work of the NHS who just want to get the right people along for screening. They don't want prepubescent girls, post-menopausal women, or trans women - they are just calling in people who menstruate, so that's women including some trans men. So with your knowledge about NHS coding, and record keeping, I'm sure you can make better sense of this than me.

Chest-feeding? I've heard a take down of what actually happened. It's not a first-hand account, but this is how it goes. A cis woman in a maternity ward near Brighton identified herself as non-binary. She did want to feed her baby herself but didn't wish to use the term 'breastfeeding'. The term chest-feeding was decided on, but another woman heard it and didn't like it and the press got involved. A proper mole hills and mountains story.

The detoxification will only come when a government acts in good faith. There is simply no need for this government to be fanning flames, other than their election ambitions, which they place above all else. And of course Starmer / Labour do too. It's not a quarrel for trans people to have to fix either, since as I have explained it's a row between different groups about trans people rather than with them.

So the solution has to be something like the Good Friday / Belfast Agreement that more-or-less settled the culture war on the island of Ireland, which of course is another big bunfight that the Tories have reignited.
 
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monkers

Legendary Member
You say you are happy with the current law, why then do you want to see it changed?
Other than to suit yourself. Which will work in one direction only.

Ireland, which has featured a fair bit in what you've posted, isn't signed up to the Equalities Act 2010. So shouldn't feature in a UK law.
To use a similar argument, there are some countries where a thief when caught will lose their fingers or entire hand. No possibility of getting anything back, if they later find out the wrong person was punished. Do the same here, get it written into law and we'll soon know the thieves. And it should cut the re-offending rate.


View: https://youtu.be/zhstRrZzaso
 

monkers

Legendary Member
So I'll ask again, can you provide some analysis of how the rights of women and trans women are in contest in the European Convention Law to which we are bound. Any cases from the ECtHR to seal the deal? Any cases from the ECJ brought on Convention Rights. The truth is that you can't.


Aurora said ...
I don't need to because individual nations are not compelled to follow ECL. A general and vague directive about everybody having the right to dignity doesn't supercede specific laws in individual nations. And if it was as clear cut as you say, there would be dozens of cases brought under European Convention Law that cover everything from sports to prisons and rape crisis centres.

As usual, a reply that demonstrates no knowledge of the law or the legal order. Please, please, read and learn.

38 Are States bound by judgments against them? Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgments, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained.

https://www.echr.coe.int/documents/50questions_eng.pdf
 

icowden

Legendary Member
There is simply no need for this government to be fanning flames, other than their election ambitions, which they place above all else.
Interesting side note (or not) - Raab blames his having to resign for bullying on "activist civil servants". He was very quick to blame everyone else and to imply a leftist plot from those "activist woke types" rather than him being a bullying c***. So I do see your point that the Tories are co-opting this whole idea of woke = bad for their own agenda.
 

monkers

Legendary Member
Interesting side note (or not) - Raab blames his having to resign for bullying on "activist civil servants". He was very quick to blame everyone else and to imply a leftist plot from those "activist woke types" rather than him being a bullying c***. So I do see your point that the Tories are co-opting this whole idea of woke = bad for their own agenda.

Something I know from all those years in teaching is that bullies tend to claim the role of the real victim when caught.

Btw and incidental to what we've been discussing, the message left at my niece's house when it was vandalised, and in the biggest letters read 'Rowlings Rulz'.
 
Ah so sorry, I did not intend to hurt your feelings. Please accept a virtual hug. x
My feelings aren't hurt, don't worry.
The "goolies" were lost to cancer in 99. Removed the day before the eclipse. Remember that?

And I was on a mixed ward, with women asking how it felt. At the time there was little feeling down there, so a proper answer couldn't be given.
 

icowden

Legendary Member
Btw and incidental to what we've been discussing, the message left at my niece's house when it was vandalised, and in the biggest letters read 'Rowlings Rulz'.
I'd be willing to consider that the artist may not have been the best of critical thinkers. Part of the problem is that when someone says something that has the tiniest bit of purchase, the lunatics grab it, redefine it and push it back out. So we leap from JK Rowling thinks we should use the word "woman" to "JK Rowling wans trans genocide" within a couple of minutes. No one who wants it to be true bothers to fact check (facts being so last year).

The troubling aspect is that, as mentioned previously, we have reached a point where no public figure will dare to disagree with the zeitgeist for fear of never working again - unless they are loaded or just don't care. We also have the issue that any attempt at discussion is reduced to the emotive "you want all trans people dead", "if you say anything trans people will die", "no you can't meet", "no you can't talk", "no you aren't allowed an opinion" etc.

Dare to suggest that care should be taken when offering surgery and hormones to young people and suddenly you are the modern equivalent of Goebbels, and if you are also female then deserver to be raped / killed / beheaded etc

And as you say, you also have the right wing fascists trying to use it as a whipping stick for hatred, the latest aspect appearing to be that Drag Queens and transwomen are considered the same thing, however much they absolutely aren't, unless you are one of those psychotic types perhaps like "Barbie Kardashian".
 
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